. good morning everyone i'm ashleigh banfield nice to have you in the newsroom with us, we begin with a story of a 5-year-old alabama boy, a boy named ethan, who woke up in a hospital this morning with his mom and his favorite dinosaur toy. this after a week of being locked away with a ruthless killer in an underground bunker. before a dramatic swat like rescue, in which he saw two grown men shot dead right before his eyes, his bus driver a week before and his captor just

yesterday. this is so hard to imagine how a young mind will ever recover from an ordeal like this, earlier on cnn, we heard from alicia, herself a kidnapping victim as a teenager who runs a victim support group. here is her advice. >> you have to try to keep things normal. that's what we have to do for this little boy is keep certain things as normal as possible. >> like what? >> things like just basic routines he had done before. his favorite games, his favorite movies, his favorite food. just try to keep an anchor in the before. and really not equate him with this happening to him. this happened to him. it is not who he is. >> the rescue of little ethan was a joint tactical operation involving local authorities right on up to the secretary of defense. joining me now is the cnn pentagon correspondent chris lawrence to talk about the tactics and the military. and how the military may have

helped the police spy on this killer despite him hiding underground, also with us victor blackwell in midland city in alabama watching this unfold. victor, first, let me start with you. the standoff stretched for seven days and ended in just a mere matter of minutes. are we getting any more information from officials on why they decided to go in, how they decided to go in, and how they pulled this off? >> reporter: exactly. and this is a blend of both military science and social science. i will leave the military end up to chris. i'll tell you about the other element. we have reached out to the fbi contact, we have been speaking to this week, alabama state police, some sources who were close to the situation. we know this came down to the last 24 hours. and the fbi hostage rescue team, it's more than just the guys who go in to pull the child out. there are behavioral scientists, tactical technicians, the fbi swat, the negotiators, they are all here at the same time.

we know in the last 24 hours, the communications with jimmy lee dykes became agitated. he continued to talk, but as it went on and on, he became less willing to negotiate, we heard from alabama state police this morning. then they noticed he had a gun, how, i will leave that to chris. but they said when you add the agitation with this weapon, they from the sources we have spoken with, said it came down to three options, either he was going to shoot himself, he was going to shoot himself and ethan, or he was going to do something to force them to come in and shoot him. so they decided at about 3:00 local time, 4:00 eastern yesterday, they had to go in. they pulled him out. we know that jimmy lee dykes was dead when it was all over. >> all right. hold for a second, victor. i want to bring in chris lawrence. with this pentagon connection, chris, it's unbelievable to see how high up the chain the help came from. the defense secretary himself offering help. can you list out for us as best you can knowing we still have a

lot of information to come, what kind of gear did the pentagon provide to help those authorities on the ground? >> reporter: they are not being extremely specific on that, ashleigh, what we have been told, it was detection equipment and technology, that would allow the people up top to get a better handle on what was happening below. that could include sound detection equipment, which would be key in a situation like that, to hear what was being said. but from what we understand, the police there in the fbi had a lot of technology at their disposal, this was a request from the fbi to the pentagon and to the defense secretary to see what assets, perhaps, could help. we know the military has used a lot of detection equipment over the years. they have been refining that in their search for ieds in iraq and afghanistan. >> i just want to scoot back out to victor for a moment.

i know you were talking to the fbi about this. understandably, they have been cagey about the kind of work they were doing alongside the military and what kind of equipment. how did they qualify it to you? >> reporter: there was that report from people here that boom, the explosion. we wanted to know if there were explosives inside the bunker or if that was used as a diversion. i reached out to the fbi, i want to read what the response was. sorry, those tactical questions are something that we are very sensitive about discussing. i know that there is huge interest, but we may never be able to answer all of the questions that are out there about how we did it. it's important to protect these so that they are effective the next time we have to use them. i can tell you some other details of what is happening here today. we have seen crews walk up that hill toward the area where the bunker was several times today. the fbi has confirmed that bomb technicians are here, working on site. they have also told us that a

shooting review board from dc will be en route to this location to kind of fill out the photograph for us about what happened in the final hours of the standoff, ashleigh. >> just to wrap it up and button it up for us, if you would, victor, the authorities there have said they can't tell us much yet. although there is so much more people want to know about the video, what things look like underground, how they were surviving for the week. but they are saying this investigation continues. jimmy lee dykes is dead. how much more is there a need to investigate? >> reporter: the question is was there other involvement with someone else, or some other group? we know that this is a large scene, we are told by the alabama state police. from the animation we have shown, a description based on what we spoke with neighbors about. there's a mobile home where jimmy lee dykes lived. they have to look through those papers and determine what was happening and why this happened. the red storage unit, the bunker, and one other element. there will be a news conference

here in about 25 minutes. the superintendent of dale county schools will speak about having this kid back home and the death of that school bus driver, that started all of this about a week ago, ashleigh. >> chris lawrence and victor blackwell for us this morning on this incredible story. thank you. now that the standoff is over, what about eethsen, the little boy? tonight john walsh is going to join anderson cooper to share his experience on what they might be doing to try to cope with the kind of trauma that entire family and what they are going through, tonight 8:00 eastern right here on cnn. and now i want to take you to austria, breaking news, american skier lindsey vonn is said to have suffered a complex knee injury in a very bad crash on the slopes during a race there. it happened in the opening day of the super g event at the alpine ski world championships. joining me from london is christina mcfarland, host of cnn's alpine edge.

i'm joined on the telephone by john meyer, who is a sports columnist with the denver post and also a collaborator on lindsey vonn's blog. christine, let me start with you. the nuts and bolts about this race and what happened on the slopes that had her being taken away by helicopter. >> reporter: that's right, ashleigh. i managed to see the video of her fall about half an hour ago. i can tell you it looked pretty nasty her right knee seemed to buckle underneath her as she went down in the competition. which is a shame. this is the -- lindsay has won this four times in a row, she would have been confident going into today. the video i saw earlier, it looked like a very serious crash. the athletes who were waiting for her at the bottom of the run were astounded looking up and watching this unfold on the top of the course. as you say, she was air lifted to the hospital. and as you say it's been reported she has a complex knee injury. this is bad news for an athlete,

who is the biggest name in skiing. she is the tiger woods of the ski world. and it could be damaging for the sport, at least this season, if this injury takes her out for the rest of the alpine world cup season. >> christina, we are looking at video from the games in vancouver three years ago where she medaled, she's a huge hopeful for the olympics next year in russia, to medal. john meyer, i want to bring you in, as a collaborator with lindsay on her blog, i assume you are close to her and her people, not to suggest you have had an opportunity this soon to talk to anybody whose connected to her, but do you know anything more about how bad this injury is and what this means for this season, and maybe more importantly next season, olympic season. >> well, this is speculation, obviously. but it looked as your earlier contributor said, it looked like the knee buckled. and she has a severe knee injury. so that would take her out of

the rest of the world cup season. and obviously the world championships. i want to make it clear world champion ships happen every two years. so it's a major event as opposed to world cup which is a seasonal event, if you will. so basically, she will go have her knee reconstruction, and then she will have to go through a very difficult rehab, and the clock starts ticking right now for her bid to defend her gold medal in the downhill at the olympics. now, that's not to say she can't do it. if you remember, in 1998, the winner won 15 months after a severe knee injury after she had reconstruction and rehab and all of that. so it can be done. i would certainly not tell your

viewers she is out of the olympics for next year felt but now she goes from being the monumental favorite in that race to someone with a big comeback story. >> we are certainly hoping for the best for lindsey vonn as she recovers in the hospital there in austria. john meyer with the denver post and christina mcfarland, cnn, thank you for your reporting on this. we will continue to watch the story. we will take a short break. we're working with a growing list of almost two thousand corporate partners - companies like microsoft, american red cross and adobe - to create options for you. not only that, we're using what we learn from these partners to shape our curriculum, so that when you find the job you want you'll be a perfect fit. let's get to work. and you wouldn't have it any other way.e. but your erectile dysfunction -

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[ male announcer ] engine light on? come to meineke now for a free code scan read and you'll say...my money. my choice. my meineke. . i want to tell you a little tale about a very strange murder, and the elaborate stories of an alleged murderes. first she had no idea, wasn't there, didn't know, later she was there, but two intruders did the killing. she ran away. later still, she said she did it, but that it was self defense. this may sound like a tale, but it's true. it's jody arias's story, seen here with the on began off again boyfriend who turned up dead in the shower of his arizona home back in june of '08. arias has been on trial for more than a month now. like most defendants she hadn't made a peep in court until this

moment, it happened yesterday, it was a stunner. she took the witness stand. she pretty much fessed up in a way, to the death of her boyfriend travis alexander. before i play you the testimony, a little background for you from hln's christy paul to bring you up to speed. >> reporter: the prosecution laid out a timeline detailing how jody arias killed travis alexander. at 5:29 p.m. arias takes a picture of alexander alive in the shower. moments later she stabs him in the chest. prosecutors believe he was still alive and arias followed him down the hall to the bedroom where she slashed his throat. then dragged his body back to the bathroom, accidentally taking pictures all along the way. investigators believe once they were in the bathroom she shot him in the forehead. based on the location of the shell casing they believe that happened near the sink. and then his body was stuffed in

the shower. >> those pictures may be grisly but they are critical. the accused is giving her side of those grisly pictures and her ex's grisly demise. >> did you kill travis alexander on june 4th, 2008? >> yes. i did. >> why? >> the simple answer is he attacked me. and i defended myself. >> jody arias is due back on the stand in a couple hours. beth, you've had a front seat to this story. my former colleague at court tv. beth, you and i have been through this a million times. a courtroom and a defendant, and they don't take the stand. and there's jody arias walking right up and opening her mouth. why is she doing this? >> reporter: because she is asserting self defense, ashleigh, in a self defense

case, almost always a defendant needs to get on the stand to explain what was going on at the minute of the attack. she's admitting she did it, oh, yes, i killed him. but don't hold me criminally responsible, because i was justified in doing it. now she needs to explain why she was justified in slicing and dicing and shooting him, stabbing him and slitting his throat. >> because self defense can be ugly at times, but a lot of times it's not necessarily overkill. sometimes it is. are they getting into those like awful details, and if so, how is the jury handling this stuff? >> reporter: well, you know, she's barely -- she's only talked about the first 20 years of her life. she was 27 when she killed travis alexander. i think that in the next few hours, as she gets back on the stand, we will get into the relationship and presumably into the killing later today. she will have to describe in

detail what went on. she has amazing recall, ashleigh, about her elementary school days. so let's hope she has the same recall, when it comes to talking about what happened in that master bathroom on that afternoon. >> yeah. because there's no gun that anyone has been able to find. so far we aren't getting questions about weapons. one of the questions, and i love this one, the lawyer asked about a very cocky sound byte, that was going to eventually make its way into the courtroom. an interview, something you should never do if you are accused of a crime, she gave an interview to inside edition, and let's just hear what she had to say before i ask you about it. >> no jury will convict me. >> why not? >> because i am innocent. you can mark my words on that one. no jury will convict me. >> i heard that before, no jury will convict me. when you hear those things in court, jurors don't tend to like to be told what they might and might not do. >> reporter: absolutely. and in fact the prosecution used those words against her in her

opening statement. he showed the jury her dare, that interview was a few months after she was arrested in 2008. at that point she was still maintaining that two intruders had killed travis alexander. she was able to escape. of course she never told the police intruders were in there killing him. she subsequently two years after that interview changed her defense to self defense. of course the jury doesn't know it was two years later. her explanation now is i said that because i was planning to kill myself. >> oh, belting. if i had a penny for every time that someone under interrogation changes his or her story when confronted with really compelling and damming evidence, i could take you on a year long trip around the world on my expensive yacht. we have been at this rodeo a few times. keep an eye on this case. and we will check in with you. thanks, beth.

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the computer maker dell is not the company it once was. and that is an understatement. dell's founder and namesake has announced the plans and gone ahead with them to take the

company private and buy up all of the shares now held by investors large and small. that's you and me and all of the biggies. this is a deal that is a whopper. michael dell will not be doing it alone. a private equity firm is chipping in as is microsoft, the upside for dell is not having to answer shareholders who demand profits quarter after quarter. dell lost a third of its market share last year alone. i don't know if you have been to a gas station lately. if you have, your reaction was likely like mine. ouch. the average price for a gallon of gas has skyrocketed from a week ago. man, it's up 17 cents just over a week standing at $3.53. paul vercammen is in los angeles. i wonder what the reaction is of the people you see pulling in, they may not have filled up their tank in a week. they are seeing a massive jump. >> reporter: they are having the

same reaction you are, ashleigh. you say ouch. they say i want a band-aid. look at this price. this is an extreme example. it's over $5 a gallon at this station in downtown los angeles. believe it or not there are not that many stations in downtown los angeles, that's why it is so expensive. you are saying what are people saying? one man pulled in. i said you are going to buy gas here at more than $5 a gallon. he said no way. i'm buying cigarettes. california has such high prices, because we have the -- yes, second highest taxes on gas in the country. about 67 cents a gallon. that's driving it, by the way you in new york worse, 69 cents a gallon for tax. >> i think the cigarettes are more expensive here, too. your friend buying cigarettes should think twice he's probably wasting a whole lot of money he could be spending on his gas. thank you for keeping an eye on the numbers. if you are out there and you think all of the gas you are buying is expensive. it is. it turns out you are wasting a

ton of it in traffic. i know you know that you spend time in traffic. but on average we have something that might surprise you. the gridlock is costing you an average of $818 a year. i said 818, that's more than the average amount people spend on christmas. but are you ready for this? the traffic that you are sitting in is a sign that the economy is improving. so you can be happy about that. christine romans is here with me. she's smiling, too. one of those good news bad news stories. on your personal economy, you always tell me your business is a business of one, economy of one. that's painful statistics. >> it is. it's a week worth of your life wasted trying to get to work. it's a sign of a strengthening economy, it means you are driving to work more, it means more deliveries are being taken by truck on the roads. and it also means bridges are being fixed, some of those delays are because of infrastructure work. in 2005 you spent 43 hours in the car every year, 2010 dropped

to 34 hours. we are back up to 38 hours. that's enough wasted gasoline sitting in traffic costs you 818 bucks a year, as much gas as could fill the superdome four times. dc is the worst which has a growing economy. dc, los angeles, san francisco, new york and boston. those are cities with the worst traffic, this from texas a & m. >> i know everybody is different. everybody has a different commute and that sort of thing. on average, what is the family budget that goes towards gasoline in america? >> 4%. that is a four year high. 4% of your household budget going for gas. what's that on average a year? $2900 per family spent on fuel per year. gas prices are rising, your budget isn't. that's why more of your budget is going for gas prices. gas prices last year, the average for the year was a high. gas prices rising, gas prices are up 18 sent over the past week.

gas prices are rising because of fundamental factors, and that's something hitting you on the bottom line. >> that's when i smell a rat. you tell me 17 cents in one week, i smell a rat. it can't have been crude jumped that fast that far in that few days. >> couple different things. usually it's because you are having slower intake in the new york gulf area, in the new york harbor, it can be because you had refinery stuff, could be more demand, a little more demand ticking up. >> in a week. >> some people are telling me they expect it to go down in the near term then come back when they do seasonal change joefrs in the spring. but it was a quick move, 18 cents, a lot of people are feeling it. >> take the bus. christine romans, thank you. i'm lorenzo.

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courtesy beyonce. that's the latest word from the nfl commissioner roger goodell. the new orleans city council says that it hopes to learn more friday at an emergency meeting with the power company entergy. we will keep you posted. of course baltimore ravens managed to pull out a victory despite a furious comeback by the 49ers. the ravens fans elated to celebrate with a super sized parade in downtown baltimore. look at the folks gathered, temperatures in the low to mid30s, the reason they have to wait longer than expected, christine romans and i just talked about it, they are all stuck in traffic. the parade is stuck in traffic. rene marsh reporting live for us right in the middle of it all. i don't know that i ever heard of this, seriously the victory parade stuck in traffic. >> reporter: they are. you know what, the fans, they are being very patient. you hear the music. there's a party going on. i'm sitting in joe flacco's hum

v, this is the hum v he will be in when he goes through the parade rout. this is the good man that will drive him. we have members from the 175th maryland's national air guard. they are here as well. you know what, a little fun fact, they do all of those fly overs at the home games. this is the float. we will have players on this float as well. you hear the music. city hall, they are blaring it's getting hot in here. you know there's a party. soon we will see the mayor of baltimore as well as the governor walk through those doors there. they will address the crowd, of course the crowd is waiting for the players. the fans are waiting for the players. they are fired up. are you guys fired up? >> i'm ready for the purple love, baby. >> reporter: they are late. they are in traffic. >> that's okay. we will wait for them. we will stay here. >> reporter: they don't mind waiting for their champions, i will send it back to you,

ashleigh. >> rene, if you can hear me, i can't believe you are holding a pom-pom and not shaking it. give me a shake. there you go. >> reporter: go ravens. >> rene marsh doing the duty line for us, honorary cheerleader, thank you. we'll come back to you when we see the parade as it gets into gear and gets out of traffic. back right after this. ♪ i wish my patients could see what i see. ♪ that over time, having high cholesterol and any of these risk factors

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. i have bad news for any guys out there who love watching tv, i love that you love watching tv. but being a couch potato doesn't just pack on the pounds. according to a study in the british journal of sports medicine, it can cut your sperm count nearly in half. i'm so sorry to be the one to bring you that news. men who watch more than 20 hours of tv per week had a 44% lower sperm concentration than those who watched no tv. but men who got at least 15

hours of moderate exercise her week had a 73% more sperm, it's hard to report this, than those who got under five hours a week. they never say in school you have to say these things. and by the way, if you get more than 15 hours of moderate exercise a week, god bless you, you cannot possibly have small children. a doctor from nyu was kind enough to jog down here to talk to us about this. let's be clear. i love tv. it's not just watching tv. it's the sitting around, right? >> absolutely. i do think this study is consistent with the study, if you have a sedentary lifestyle, it makes it tougher in terms of hormonal function, sperm making, all of those things, and those are closely related in a guy. this study was a couple hundred young men followed for three months. they are college age. they found if you are more sedentary, if you are more

overweight you are less likely to have normal sperm count. it fits into the idea someone having trouble getting their wife pregnant, their girlfriend pregnant, their partner pregnant, you can tell them healthy lifestyle will help this problem. >> they took into account diet and sleep patterns and all these other factors that might kind of mess with the results. but those didn't mess with the results. >> with the exception of body mass index. so weight as relates to your height. that's right. so yes, i think the idea that somebody whose big but active is probably better off than the guy whose big and inactive. it could be inactive not necessarily watching tv. we don't have to bash you guys. >> dr. joe, i wanted you to say that for sure. it's okay to watch a lot of tv, if you are also doing a lot of exercise. right? >> i think that might be all right. >> you are invited back. >> thank you. >> thanks so much. i appreciate it. if you want to read more about this, check out cnn.com/health, because i think you may have

more questions about this and there is certainly more you can read up on. back in a moment. all stations come over to mission a for a final go. this is for real this time. step seven point two one two. verify and lock. command is locked. five seconds. three, two, one. standing by for capture. the most innovative software on the planet... dragon is captured. is connecting today's leading companies to places beyond it. siemens. answers.

at this hour president obama is meeting with union leaders and others at the white house to discuss comprehensive immigration reform. other groups like the naacp and center for american progress are also meeting right now. and later on, the president is going to welcome ceo's from companies like marriott, coca-cola, goldman sachs, all of

it for similar discussion. at 1:15 this afternoon eastern time the president will hit the cameras, go out and call for a short term agreement to put off automatic spending cuts scheduled to take effect next month. so there's your update on all things that will be happening like that today. and as much as many top republicans would like to forget the last election, they really don't want to repeat it. so a week before the re-elected president obama delivers his state of the union speech, the number two republican in the house is making over the gop message. eric cantor speaks to the american enterprise institute about 90 minutes from now. this morning he spoke exclusively with our dana bash. dana, i want to bring you in on this. eric cantor is not the first republican to shake up his party and give a new direction. there's a brand new poll that shows president obama has a 70% approval rating among hispanics, are republicans listening more to that than eric cantor or a

little of both? >> reporter: a little of both. i think if you ask eric cantor they are not mutually exclusive. a big part of why he will give this speech is because republicans understand what happened in the last election. which is that they got the majority of white men, that's about it. but interestingly enough, when it comes to immigration, we have seen big movement on the senate side, especially among republicans. but still house republican leaders, including eric cantor, they are still very cautious, when it comes to immigration reform that includes a path so citizenship. listen to what he said on immigration. >> i'm glad that i have colleagues on both sides of the aisle in the capitol trying to address the issue. now, there are some things that have got to take place. and that is recognition we have over 11 million people here illegally. and so we have been a country of immigrants. i talk a lot about the fact i wouldn't be here if this country wasn't welcoming to my

grandparents who fled religious persecution in russia to come here. there is that, and the compassion for the families that are here, who frankly many have become part of the fabric of this country. we have to balance that with the fact that we are a country of laws, that there are folks who are in line, attempting to get here legally. >> reporter: so his doing one thing right, if you talk to latino republicans, which is that the tone of his message is clearly different from what we heard from say mitt romney during the presidential campaign when he talked about self deportation. when you talk about the policy, he and john boehner later on, they were very, very cautious, they simply would not talk about a path to citizenship. they said they would wait to see whatever comes out of the senate and wait to see other options as we go down the road. >> i want to switch gears for a moment. i watched your really compelling interview, it was like the hallway grab almost with new jersey senator robert menendez, he has been under fire, a lot of

accusations have been flying around on small-time blogs and big time news organizations, about spending lots of money and flying around with rich friends. it's even gone so far to suggest that he spent time with prostitutes, and i got the sense from your interview, dana, he is pretty darn angry about all of this. >> reporter: he is. that is why he decided to come out and talk after he had been avoiding reporters for a couple of weeks and made an effort to come to where our camera was permitted to be in the capitol to talk to us. on the issue he admitted that he had to pay back almost $60,000 for a private flight with his friend down to the dominican republic. he said it was an oversight. he insisted he didn't just pay it back because he got caught as i asked him about. then of course there are as you mentioned the allegations that have mostly been on conservative blogs and the web that have made their way into the mainstream press about him using prostitutes. so i asked him about that. and listen to his answer.

can you just answer the allegation that has been out there that you were with prostitutes. >> the smears that right wing blogs have been pushing since the election, and that is totally unsubstantiated. it's amazing to me that anonymous, nameless, faceless individuals on a web site can drive that type of story into the mainstream. but that's what they have done successfully. now nobody can find them, nobody ever met them, nobody ever talked to them. but that's where we are. so the bottom line is all of those smears are absolutely false. that's the bottom line. >> reporter: now, the other thing i should tell you that is out there about senator menendez are questions about him using his influence as a senator to help his friend and big donor, who has a contract that hasn't really been honored by the dominican republic, if it would be honored, it would give him

millions of dollars, he insisted that he was simply doing his job in the senate. and it wasn't to do any special favors for somebody who has raised a lot of money for him. >> dana bash, good reporting. i saw you chase after him to get more questions to him. you did a great job with the moment he gave you, the brief moment that he gave you. dana bash, thank you. you can see more of dana's great interview with eric cantor as well on the situation room at 4:00 eastern time here on cnn. [ male announcer ] let's say you pay your guy around 2% to manage your money.

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. after being held prisoner in an underground bunker in alabama for nearly a week, a little kindergartner named ethan is safe and sound with his family, but we are left with a lot of questions about his kidnapper, jimmy lee dykes who died in monday's fbi raid. beginning with this, how was this man free to pull this off. neighbors are telling us he was a pretty scary and dangerous guy. >> i regret not warning some of the neighbors of some of his tendencies and telling him he's the type of guy you might need to stay away from. he could be dangerous in the future. >> something is not right with him and it's just very hard to explain, unless you have seen him and saw how he acts. >> he has been for a long time a

source of concern. he killed one of my dogs. he has been like a time bomb waiting to go off. >> a time bomb waiting to go off, our senior legal analyst, jeffrey toobin joins me for more. a lot of people wondered how jimmy lee dykes got to the point of being a man in the center of a crisis, how this kind of menacing person was able to go about his life without authorities getting at him sooner. >> we asked similar questions in newtown, in tucson, in aurora, people who are obviously troubled and may be dangerous. what can we do in advance, so they don't commit horrible crimes. the answer is not much. our legal system is backward looking. we arrest people for things they have done in the past. that's difficult enough. it's even harder, and the law really doesn't have much of an ability to stop people who seem

like they are going to do something, because we don't have an appropriate way of measuring that. >> short of the minority report who assesses who will be a criminal. this guy shot at neighbors and was due in court. he killed a dog, you heard the neighbor who said he killed my dog felt he was seen patrolling with a gun and shovel at night and shooting at quote, anything that moves. that's the kind of person i would think actually is infringing on other people's civil rights. i understand he has civil rights. where are his more important than mine? >> basically what you have to do is identify if he committed a crime. because that's the only way you can arrest him and take him off of the streets. walking around your own property with a gun is scary and weird perhaps. >> what about surveillance? >> you could. but remember, you are talking a rural area, doesn't have a big police force. but if he actually shot at someone, that's attempted murder. shooting someone's dog is definitely a crime. so perhaps the authorities should have arrested him for those crimes denied him bail. other than that, just being

weird and creepy, that's not a crime. >> and i have to wrap it up. that is the question, if he shot at someone, it could be considered attempted murder, could he be held without bail if he has this extra in his background? >> absolutely. the two issues relevant in bails are they a risk of flight and danger to the community. danger to the community seems to be the very definition of this guy. >> backward looking of course. >> again, this is hindsight. >> don't go anywhere, lots more questions for you about another story. we will make jeffrey toobin work after the break. [ female announcer ] with secret outlast clear gel, there's no white marks or worries.

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should the american government be allowed to target people for execution if they're suspected of a high level involvement with al qaeda? if that's an easy answer for you, let me add this twist. should the government be able to target american citizens if they're suspected of that behavior? turns out the government, the current government, thinks yes, you bet. the justice department memo obtained by nbc news suggests that it should be legal to terminate american citizens but only under specific circumstances. if it's become -- it has become a feverish debate in the country, especially since the assassination of anwar al awlaki, a member of al qaeda, american citizen born in new mexico, this is what he looked like in yemen, before a drone strike killed him in september 2011. no trial, no judge, no jury, an

american. it's important to point out that this memo was written months before al alack k. yuwlaki was . jeffrey toobin is here to explain. the memo specifically cites imminent threat and it's longer than i'm pointing out here. if there's an imminent threat of violent attack against the united states and capture's not feasible, that an informed high level official of the government can decide that a target can actually be taken out. remarkable. >> it's an amazing document. hats off to michael isikoff who got this. think about the discretion, how much power, not even the president -- >> a high-level official. >> not defined who that is. that could be a general. the vice president, who knows. is it secretary of defense. okay. so he decides -- >> or she -- >> -- well, currently a he. could decide this person is an

imminent threat. no judge, no jury. this person is dead right away. >> i want to add that, no judge, because it says this memo asserts courts should not play a role in reviewing or restraining these decisions. there will be no probable cause hearing. there will be nothing other than that official saying take him out. >> this memo is probably the last legal word on this subject, because there is no real way under american law to challenge this policy in an american courtroom. al qaeda is not going to go to court. nobody has standing to challenge this. so there is not really a way that this could be in front of a court. so we are really just trusting the executive branch to say they are going to execute -- they are going to use this power wisely. >> let me be clear here. to listen in on my conversations a court has to okay that. bu